Texas Case Commentaries

Franchise Tax Classification Under Entity Theory Upheld; Challenges to Bullock Amendment Denied by Supreme Court of Texas

Date: Nov 29, 2011

Franchise Tax Classification Under Entity Theory Upheld; Challenges to Bullock Amendment Denied by Supreme Court of Texas Introduction In the seminal case of In re ALLCAT CLAIMS SERVICE, L.P. and...

Revisiting Deemed Admissions: Establishing Good Cause in Summary Judgments

Date: Oct 22, 2011

Revisiting Deemed Admissions: Establishing Good Cause in Summary Judgments Introduction The case of Lynda Marino v. Charles King, adjudicated by the Supreme Court of Texas on October 21, 2011,...

Robinson v. Parker: Supreme Court of Texas Reaffirms Ripeness and Standing Requirements for Ballot Initiative Enforcement

Date: Oct 22, 2011

Robinson v. Parker: Supreme Court of Texas Reaffirms Ripeness and Standing Requirements for Ballot Initiative Enforcement Introduction Robinson v. Parker is a pivotal case decided by the Supreme...

Sovereign Immunity and Declaratory Judgments under the UDJA: Analysis of Texas Dept. of Transportation v. Roger Sefzik

Date: Oct 22, 2011

Sovereign Immunity and Declaratory Judgments under the UDJA: Analysis of Texas Department of Transportation v. Roger Sefzik Introduction Texas Department of Transportation v. Roger Sefzik (355 S.W.3d...

Texas Supreme Court Mandates Redacted Disclosure of Administrative Orders under TPIA

Date: Oct 1, 2011

Texas Supreme Court Mandates Redacted Disclosure of Administrative Orders under TPIA Introduction In the landmark case of Samuel T. Jackson v. State Office of Administrative Hearings, the Supreme...

Governmental Immunity and Contractual Claims: Comprehensive Analysis of CITY OF DALLAS v. ALBERT et al.

Date: Aug 27, 2011

Governmental Immunity and Contractual Claims: Comprehensive Analysis of CITY OF DALLAS v. ALBERT et al. Introduction The case of City of Dallas, Petitioner, v. Kenneth E. Albert et al. (354 S.W.3d...

Defining 'Prevailing Party' in Nonsuit Scenarios: Texas Supreme Court Establishes New Standards for Attorney's Fees

Date: Aug 27, 2011

Defining 'Prevailing Party' in Nonsuit Scenarios: Texas Supreme Court Establishes New Standards for Attorney's Fees Introduction The case of Christopher N. Epps and Laura L. Epps v. Bruce Fowler, Jr....

Employer Liability and Vicarious Liability in Negligent Entrustment: Analysis of G & H Towing Company v. Magee

Date: Aug 27, 2011

Employer Liability and Vicarious Liability in Negligent Entrustment: Analysis of G & H Towing Company v. Magee Introduction The case G & H Towing Company, et al. v. Cory Wayne Magee, et al. (347...

Sovereign Immunity Limits on Declaratory Judgments in Navigability Disputes: Texas Supreme Court in Texas Parks and Wildlife Department v. Sawyer Trust

Date: Aug 27, 2011

Sovereign Immunity Limits on Declaratory Judgments in Navigability Disputes: Texas Supreme Court in Texas Parks and Wildlife Department v. Sawyer Trust Introduction The case of Texas Parks and...

Voter Standing in Election Technology Cases: ANDRADE v. NAACP OF AUSTIN

Date: Jul 2, 2011

Voter Standing in Election Technology Cases: ANDRADE v. NAACP OF AUSTIN Introduction The case of Esperanza Andrade, Secretary of State for Texas, Petitioner, v. NAACP of Austin, Nelson Linder, Sonia...

Establishing Limits on Corporate Vicarious Liability and Evidentiary Standards for Mental Anguish: Insights from Service Corporation International v. Guerra

Date: Jun 18, 2011

Establishing Limits on Corporate Vicarious Liability and Evidentiary Standards for Mental Anguish: Insights from Service Corporation International v. Guerra Introduction The Supreme Court of Texas,...

Texas Supreme Court Rules Against Disparate Impact Liability in Insurance Pricing Through Credit Scoring

Date: May 28, 2011

Texas Supreme Court Rules Against Disparate Impact Liability in Insurance Pricing Through Credit Scoring Introduction In the case of Patrick O. Ojo, on behalf of himself and all others similarly...

TGS-NOPEC v. COMBS: Reinterpreting Franchise Tax Apportionment for Intangible Asset Licensing

Date: May 28, 2011

TGS-NOPEC v. COMBS: Reinterpreting Franchise Tax Apportionment for Intangible Asset Licensing Introduction The Supreme Court of Texas addressed a pivotal franchise tax dispute in the case of...

IN RE REECE: Texas Supreme Court Limits Contempt Power for Deposition Perjury and Affirms Mandamus Jurisdiction

Date: May 28, 2011

IN RE REECE: Texas Supreme Court Limits Contempt Power for Deposition Perjury and Affirms Mandamus Jurisdiction 1. Introduction In re Coy Reece, Relator. (341 S.W.3d 360), adjudicated by the Supreme...

Mandamus Review as the Sole Appellate Remedy for Arbitrator Appointments under Texas Civil Practice and Remedies Code §51.016

Date: May 28, 2011

Mandamus Review as the Sole Appellate Remedy for Arbitrator Appointments under Texas Civil Practice and Remedies Code §51.016 Introduction The case CMH Homes, Inc. v. Adam Perez (340 S.W.3d 444,...

Expanded Judicial Review in Arbitration Agreements Under TAA: Texas Supreme Court Establishes Enforceability

Date: May 14, 2011

Expanded Judicial Review in Arbitration Agreements Under TAA: Texas Supreme Court Establishes Enforceability Introduction In NAFTA Traders, Inc. v. Margaret A. Quinn (339 S.W.3d 84, 2011), the...

Enforceability of Verified Photocopies in Tax Lien Transfers: Genesis Tax Loan Services, Inc. v. Kothmann

Date: May 14, 2011

Enforceability of Verified Photocopies in Tax Lien Transfers: Genesis Tax Loan Services, Inc. v. Kothmann Introduction In Genesis Tax Loan Services, Inc., and M. Suzanne Frossard, Trustee,...

Limiting the Discovery Rule and Affirming Adverse Possession in Oil and Gas Leases: Insights from BP AMERICA PRODUCTION CO. v. MARSHALL Family

Date: May 14, 2011

Limiting the Discovery Rule and Affirming Adverse Possession in Oil and Gas Leases: Insights from BP AMERICA PRODUCTION CO. v. MARSHALL Family Introduction The case of BP America Production Company,...

Waiver of Appraisal Clauses Requires Conduct Indicating Waiver and Demonstrated Prejudice

Date: May 7, 2011

Waiver of Appraisal Clauses Requires Conduct Indicating Waiver and Demonstrated Prejudice Introduction The case of In re UNIVERSAL UNDERWRITERS OF TEXAS INSURANCE COMPANY, Relator. (345 S.W.3d 404)...

Non-Jurisdictional Notice Requirements Affirmed in ROCCAFORTE v. JEFFERSON COUNTY

Date: Apr 30, 2011

Non-Jurisdictional Notice Requirements Affirmed in ROCCAFORTE v. JEFFERSON COUNTY Introduction In Larry ROCCAFORTE v. JEFFERSON COUNTY, 341 S.W.3d 919 (Tex. 2011), the Supreme Court of Texas...